House Bill 698

(As Sent to Governor)

AN ACT TO AMEND SECTION 49-7-20.1, MISSISSIPPI CODE OF 1972,
TO PROVIDE AN EXCEPTION TO HUNTER EDUCATION REQUIREMENTS FOR CHILDREN BETWEEN
AGES OF 12 AND 16; TO AMEND SECTION 49-7-5, MISSISSIPPI CODE OF 1972, TO
AUTHORIZE THE COMMISSION ON WILDLIFE, FISHERIES AND PARKS TO ISSUE A RESIDENT
APPRENTICE HUNTING LICENSE FOR RESIDENTS WITHOUT HUNTER EDUCATION CERTIFICATE;
TO AMEND SECTION 49-7-20, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED
PURPOSES.

49-7-20.1.
(1) (a) To reduce hunting accidents of children
under license age, to protect the safety of these children and to promote
hunter safety, a child at least twelve (12) years of age and under sixteen (16)
years of age must have a certificate of satisfactory completion of a hunter
education course approved by the department before hunting in this state.

(b) A child at least twelve (12) years of age
and under sixteen (16) years of age may hunt without having the certificate of
hunter education required under this subsection if the child is in the presence
and under the direct supervision of a licensed or exempt resident hunter at
least twenty-one (21) years of age when hunting.

(2)
A child under the age of twelve (12) must be in the presence and under
the direct supervision of a licensed or exempt resident hunter at least
twenty-one (21) years of age when the child is hunting.

(3)
There is no penalty for a violation of this section, but to protect the
safety of the child a conservation officer may require the child to end the
hunt and may unload the firearm and may take the firearm and the child to an
adult.

49-7-5.
(1) (a) Any resident, as defined in Section 49-7-3,
upon application, shall receive a combination resident hunting and fishing
license for the sum of Seventeen Dollars ($17.00). Such license shall qualify the licensee to hunt under this
chapter all game and fowl, including deer and turkey, and to fish in any county
of the state.

(b)
Any resident, as defined in Section 49-7-3, upon application, shall
receive a resident combination small game hunting and fishing license for the
sum of Thirteen Dollars ($13.00) together with the fee provided in Section 49-7-17
to the office or agent issuing such license.
Such hunting license shall qualify the licensee to hunt and fish under
this chapter all game and fowl, except deer and turkey, in any county in the
state.

(c)
Any resident of the State of Mississippi, as defined in Section 49-7-3,
upon application, shall receive a resident small game license, and for it shall
pay the issuing officer or agent the sum of Thirteen Dollars ($13.00), together
with the fee provided in Section 49-7-17 to the officer or agent issuing such
license. Such hunting license shall
qualify the person holding the same to hunt under the provisions of this
chapter, and in season, all game and fowl, except deer and turkey, in any
county in the state.

(d)
Any resident, as defined in Section 49-7-3, upon application, shall
receive a sportsman's license for the sum of Thirty-two Dollars ($32.00). Such license shall qualify the licensee to
hunt under this chapter all game and fowl, including deer and turkey, and to
fish as provided by law, in any county in the state, and to hunt using
primitive weapons and bow and arrow in the manner provided by law. The commission may notify the licensee of
the expiration of his license, and the licensee may renew the license by
mailing the sum of Thirty-two Dollars ($32.00) to the commission. A licensee who has not renewed the license
within thirty (30) days after the expiration date shall be removed from the commission's
records, and the licensee must apply to be placed on the renewal list.

(e)
In addition to a hunting license allowing the taking of turkey, a
resident who hunts turkey during a fall turkey season must purchase a fall
turkey hunting permit for a fee of Five Dollars ($5.00) plus the fee provided
in Section 49-7-17. A resident
sportsman's licensee or resident lifetime sportsman licensee may hunt during
the fall turkey season without purchasing a permit.

(f) The commission may offer a resident
apprentice hunting license for a resident who does not have the required
certificate of hunter education and may set the fee for the apprentice hunting
license. An apprentice license may be
purchased only one (1) time by a resident and the apprentice hunting licensee
must be accompanied by a licensed or exempt resident hunter at least twenty-one
(21) years of age when hunting.

(2)
(a) Any resident citizen of the
State of Mississippi who has not reached the age of sixteen (16) years or who
has reached the age of sixty-five (65) years, or any resident citizen who is
blind, paraplegic, or a multiple amputee, or who has been adjudged by the
Veterans Administration as having a total service-connected disability, or has
been adjudged to be totally disabled by the Social Security Administration
shall not be required to purchase or have in his possession, a hunting or
fishing license while engaged in such activities. A person exempt by reason of total service-connected disability,
as adjudged by the Veterans Administration or who has been adjudged to be
totally disabled by the Social Security Administration or who is blind,
paraplegic or a multiple amputee, shall have in their possession and on their
person proof of their age, residency, disability status or other respective
physical impairment while engaged in the activities of hunting or fishing.

(b)
All exempt hunting and fishing licenses previously issued for
disabilities shall be null and void effective July 1, 1993.

(c) The commission may offer a youth all-game
hunting and fishing license for exempt youths who have a hunter education
certificate and an all-game hunting and fishing license for other persons
exempted under paragraph (a). Youths
and other exempt persons shall not be required to purchase this license or have
it in possession while hunting or fishing.
The commission may establish a fee not to exceed Five Dollars ($5.00)
for such licenses.

(3)
No license shall be required of residents to hunt, fish or trap on lands
in which the record title is vested in such person.

(4)
Any person or persons exempt under this section from procuring a license
shall be subject to and must comply with all other terms and provisions of this
chapter.

(5)
Any person authorized to issue any license under this section may
collect and retain for the issuance of each license the additional fee
authorized under Section 49-7-17.

49-7-20.
(1) It is unlawful for any
person born on or after January 1, 1972, to procure any Mississippi
hunting license, except a resident apprentice hunting license, unless
the person has been issued certification of satisfactory completion of a hunter
education course approved by the department.

(2)
It is unlawful for any person to issue any Mississippi hunting
license, except a resident apprentice hunting license, to any person
born on or after January 1, 1972, unless the purchaser has provided valid
certification of satisfactory completion of a hunter education course approved
by the department.

(3)
It is unlawful for any person to fraudulently obtain a hunter education
certification.

(4)
The department may revoke any hunting license or hunter education
certification upon determination that the holder was not entitled to issuance
or obtained the license or certification by any fraudulent means.

SECTION
4. This act shall take effect and
be in force from and after July 1, 2006.